УМОВИ НАКЛАДЕННЯ ШТРАФУ НА ПЕНСІЙНИЙ ОРГАН ЗА НЕВИКОНАННЯ РІШЕННЯ СУДУ В АДМІНІСТРАТИВНІЙ СПРАВІ

Abstract

Purpose. The scientific article is devoted to the analysis of conditions, in the presence of whichit is possible to impose a fine for non-compliance with a court decision on the head of a subjectof authority, namely the head of a pension body. First of all, this study is aimed at improvingthe efficiency of justice, improving the quality of execution of court decisions in disputes withthe Pension Fund of Ukraine, which are considered in the order of administrative proceedings.The main goal of the study is to identify regulatory gaps in the regulation of the specified issue,problematic aspects of judicial practice and search for ways to solve them. Methods. In theprocess of writing the article, the following methods were used: dialectical (it accompaniedthe entire research process and allowed to consider the development trends of the institutionof imposing a fine for non-compliance with a court decision), systemic (it allowed to considerthe institution of imposing a fine for non-compliance with a court decision as a component ofthe administrative process), logical analysis, systemic functional, deduction, induction (whenformulating scientific proposals for improving current legislation) and others. The choice and useof the specified methods in the publication is sometimes combined depending on the solution ofspecific research tasks. Results and conclusions. In the course of the conducted research, both normative and copyright conditions for imposing a fine on the head of a subject of authority forfailure to comply with a court decision provided for in Article 382 of the Civil Code of Ukrainewere highlighted. The author substantiates that the imposition of a fine should always be precededby the establishment of a new deadline for submitting a report on the execution of the courtdecision. Also, the issue of imposing a fine must be decided at a court hearing. Moreover, thehead of the subject of authority should be invited to such a meeting, because it is to him that theproperty sanction will be applied. Finally, it is necessary to carefully, and not formally, find outthe real reasons for the non-execution of the court decision.In addition, attention is focused on the mandatory details of the decision on the imposition of afine. This should contain the surname, first name, patronymic of the official, his RNOKPP andplace of residence. In the opposite case, without specifying the specified information, it will beimpossible to execute the decision on the imposition of a fine. It is proposed to make changes toArticle 294 of the Civil Code of Ukraine, which would make it impossible to appeal in the appealprocedure the court decision on the obligation to submit a report on the execution of the courtdecision or to set a new deadline for such submission.